As legal professionals, there are a myriad of procedural rules and regulations we must navigate daily. One such rule that is increasingly catching attention in Texas is Rule 202 of the Texas Rules of Civil Procedure. As defined by Hendershot Cowart P.C., Rule 202 refers to the pre-suit deposition rule in Texas.
This rule allows a person or party involved in a dispute to request a deposition—sworn testimony recorded by a court reporter—to investigate a potential claim before filing a lawsuit. It can be used to conserve the testimony of a proposed witness who might not be available if and when suit is later filed. This enables litigants to obtain specific information and clarification on potential issues, thereby aiding in well-informed decision-making.
Utilizing Rule 202, legal professionals can secure depositions that may fundamentally alter the trajectory of a case. The pre-suit deposition process provides an early opportunity to understand the opposing party’s perspective, assess the strength of their argument, and accordingly, ascertain the potential viability of their case. It serves as an important tool for determining whether to seek settlement prior to initiating litigation—potentially saving resources in the long run.
Overall, Texas Rule 202 provides a tactical advantage—allowing for thorough investigation and strategic planning prior to officially towing the line of litigation. While its utility may vary case by case, this pre-suit deposition rule undoubtedly serves as an invaluable resource in the arsenal of Texas legal practitioners.